• Legal notice from Buyer

Hello, we are online sellers, and we sell cosmetics, one of our customer has sent legal notice for non delivery of product on 13th may 2021, she had ordered with our site in the month of November 2020. As checked in our system it shows the package was delivered to shipping address , but customer is denying the same in legal notice. And also claiming for compensation of Rs.20000. the legal notice is sent in our customer care mail ID, but has no signature of individual or advocate. We feel customer is dishonest or the package might have received by someone on behalf of her. What should I do, should I reply to the notice or ignore it , as customer has no address details of ours, the legal notice served through onlinelegalindia.com
Asked 5 months ago in Business Law

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17 Answers

1) You must reply to legal notice 

 

2) deny allegations made in notice 

 

3) take the plea that goods were delivered as per acknowledgment received by you 

 

4) that no compensation is payable 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

Dear Sir,

Get issue a strong legal reply notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

It is necessary that you ascertain whether the goods are properly delivered to the buyer. Any delivery of goods to a stranger is not a delivery to buyer. A proper and honest replay is required. The new Consumer Protection Act, 2019 is heavily loaded in favor consumer. Even the service provider is liable under the new Act. The jurisdiction under the new Act is place of residence of consumer, she can file complaint from the place she resides. You don’t provide address, you collect money from consumer and you say that consumer does not have your address. That is also a fraud. Very serious note will be taken by the Court of you claim. Court will find out your address through money trail. Settle with consumer.  

Ravi Shinde
Advocate, Hyderabad
1494 Answers
18 Consultations

5.0 on 5.0

Dear Sir/Ma'am,

1) You should reply to the legal notice, denying all allegations made specifically.

2) You should mention the goods have been delivered and the same has been shown in your system.

3) Undertake an enquiry with your delivery person and recheck your bases so you have proof if any case is filed in future.

Thank you

 

 

 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

Do make the mistake of ignorijg this notice.

Reply through your Advocate, clearly mentioning the dispatch details and the detail of delivery, with full particulars such as the name of the person accepting the delivery and the date and time of delivery.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

Dear Sir/Ma'am, 

1. you can send a legal notice by email. however, it is advisable to send a copy of the same to the addressee via registered post or courier. 

2. the complainant can be filed only in a District Consumer dispute redressal commission in the jurisdiction of

  • your place of business or residence
  • where the complainant resides or works. 
  • or where the cause of action arises

3. you can contact the lawyer as per your convenience. 

4. It is better to first make sure you are not accepting any allegation. on the advice of a lawyer and proof, you can make such a claim. 

Thank You

  • For further assistance, you can book a consultation with me. 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

1) you can reply to legal notice on your own 

 

2) legal notice can be handled by online lawyers 

 

3)  complaint can be filed wherein cause of action has arisen 

Ajay Sethi
Advocate, Mumbai
84384 Answers
5530 Consultations

5.0 on 5.0

1. Yes you can.

2. Yes, she has the option of filing it at the place where he/she resides. 

3. In that case, you should send you reply/counter notice only through a lawyer

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

- A notice can be given by customer without taking any help of lawyer , but it should be properly signed by the sender with the proof of claim. 

- Since, the package has been delivered to the shipping address , then you are not bond with the agreement of  sale . 

- However , you can inform the said consumer for the delivery of the items .

1. Yes, as that notice not come under the definition of legal notice

2. If your agreement showing jurisdiction , then claim can only be executed from that place. 

- Further, the consumer can file compliant before his jurisdiction , but execution is possible from your jurisdiction . 

3. Yes, a legal notice can be issued from any place 

- I have my clients for sending legal notice in different parts of India , you can take my services after consultation. 

4. No, only claiming the refund for non delivery of items not gives a ground for defamation. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

First of all confirm that by which mode have you sent the time to the customer, i..e., by parcel or courier service or by any other mode.

You may obtain proof of delivery from the service provider and verify who signed the delivery challan or the receipt.

If the same is confirmed, then you can add these details in the reply notice and deny their allegations. 

You can issue the reply by the same mode through which he had sent.

 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

1. Yes, there is no legal infirmity in you sending the reply but ensure that you do not add any additional details which were not sought in the legal notice because it may hamper or weaken your defence.

2. The customer can file the case in their jurisdiction itself because the cause of action took place in their jurisdiction only.

3. To issue a reply notice, you can choose a local lawyer or any other lawyer from forums like this or yourself (if you feel you are prudent enough to give a proper reply).

4. If you have confirmed your service to him then you can deny his allegations in the reply notice, there is no question of defamation for just issuing a legal notice to you.  

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

You not disclosed that you sold item directly or through third party website. 

 

-   No DIY in legal matters. Legal notice was sent to you by legal website. You can also contact any website or any local lawyer or any individual lawyer anywhere in India.


-   She can file from her own place. So you have to contest case in her hometown.


-   But she made a mistake by not reporting it from November 2020 to may 2021. Your lawyer can make use of this. Further the courier company is also responsible along with you.


-   You don’t have to pay 20000/-. Worst case scenario you have to refund.


-   Defamation doesn’t happen by legal notice.

 

-   Further not providing address in your own website will go against you.

 

 

Ankur Goel
Advocate, Bangalore
355 Answers

4.9 on 5.0

1. If the customer's signature acknowleding delivery by him was obtained on a paper or electronically then it is sufficient to repel his claim.

2. The delay in sending the legal notice is also a factor that can operate against him.

3. Reply to the notice through your lawyer.

4. Any lawyer on this portal can be engaged by you to answer the legal notice.

Ashish Davessar
Advocate, Jaipur
30751 Answers
919 Consultations

5.0 on 5.0

Sir,

1. You can very well revert to the mails or legal notices on your own, but before revert please look in all the aspects and facts, and while replying please take note that there shall be no point from your end which gives the other party any chance to prove their claim. Please do take proper professional consultancy first.

2. Your online policy governing the T & C of your site will be having Jurisdiction, which can be claimed before the court. You may claim that before the purchase was made the customer has agreed to the T & C which now he or she can't deny.

3. It's your choice, the legal notices or correspondences may be done by anyone from anywhere. Taking professional help maybe online or otherwise is always good for your business. Always keep professional handy so that any issue coming in businesses may be dealt in a proper and timely manner. Just check and ascertain whether the professional being hired does have the required experience and not hired on cost basis as that might lead you to bigger costs.

4. You may do that but not before you proving the customer wrong. But here the matter is with regard to the delivery of goods the customer have not defamed either your company or products. 

Arun V S
Advocate, Jaipur
64 Answers

4.0 on 5.0

1.Yes you may reply the notice.

2. The business jurisdiction will not be applicable and the customer will file complaint in her district court.

3. This is your choice if you want to take the service of professional advocate you may do so.

4. The idea of definition is useless as you are in the business and there may be dispute of

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

1. You can buy it's better to engage lawyer to deal with legal terms

2. In jurisdiction

3. Any lawyer online or local is ok. Just hire good one

4.  Yes

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Dear Sir,

You have given me Rank One (1) to my answer. I have short answer because your advocate will take care of all the necessary precautions while putting his legal reply. Please give Rank Five (5) if you are satisfied by the following answers.

Preliminary reply notice must contain the following. It is better to issue reply legal notice.

  1. It is time barred legal notice as the customer was sleeping all these months form May to November 2020. To black mail and to take a chance invalid legal notice must be sent. Legal notices must be sent in writing bearing signatures of both advocate and his client in writing and it must addressed to your registered office .
  2. You may enclose proof of having delivered the goods and threaten the customer to initiate counter criminal and civil defamation case as false legal notice was issued to your demoralizing your business reputation.
  3. Complaint regarding non receipt of goods must have been lodged within reasonable period of 15 days and then followed by legal notice addressed to your registered office within 30 days.
  4. Can I myself reply to the customers legal notice in an mail. Providing details on delivery of the product.

Ans: You can but it is not effective.

  1. My business jurisdiction area is Gadag, Karnataka , if customer in future files the case, can she file it anywhere in India, or they have to file the case in my jurisdiction..?

Ans: You can raise preliminary objection and get it stayed and later dismissed on that point of jurisdiction.

  1. As it is a first legal notice in our years of business, if the legal notice needs to be handled by professionals can it be handled by online lawyers or I should contact my local lawyers.

Ans: Senior positive lawyers may be contacted. So many advocates never take it as serious.

  1. Can I through a defaming my business on the customer in same notice.

Ans: Yes, definitely.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6010 Answers
321 Consultations

4.8 on 5.0

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